ELECTION COMMISSION OF INDIA
Nirvachan
Sadan, Ashoka Road, New Delhi
No.
23/ARUN/2003 Dated: 3rd March, 2004
ORDER
The Government
of India, during the period 1964-69, settled some Chakma refugees from
Bangladesh in Arunachal Pradesh. Their population has increased manifold. The
Committee for Citizenship Rights of the Chakmas has been demanding conferment
of Indian citizenship status and enrolment of their names in the electoral rolls.
The said Committee has taken the matter to the National Human Rights Commission
and the Supreme Court of India. The Hon’ble Supreme Court vide order dated
09-01-1996 directed the Government of India and the State Government of Arunachal
Pradesh to settle the issue expeditiously and further directed, inter alia,
that the State Government shall ensure that the life and personal liberty of
each and every Chakma residing within the State of Arunachal Pradesh shall be
protected and any attempt to forcibly evict or drive them out of the State by
any organized group shall be repelled. In the meanwhile, the High Court of
Delhi vide order dated 28-09-2000 held that such of the Chakmas who were born
in India after their settlement in the State of Arunachal Pradesh but before
01-07-1987, became citizens of India by birth under section 3(1) (a) of the
Citizenship Act even if their parents were not citizens of India at the time of
their birth.
The Election
Commission is concerned with the enrolment as electors of those Chakmas who
have acquired Indian citizenship by birth as aforesaid and who are ordinarily
resident in Arunachal Pradesh. Under the provisions of Article 326 of the Constitution
read with section 19 of the Representation of the People Act, 1950, these Chakmas
are constitutionally entitled to be registered as electors in the electoral
rolls of the constituencies in which they are ordinarily resident in Arunachal
Pradesh. These constituencies are 14-Doimukh (ST), 46-Chowkham (ST),
49-Bordumsa Diyum and 50-Miao (ST) assembly constituencies.
The Commission
vide its orders dated 31st March, 2003 and 24th April, 2003 ordered a special
summary revision of electoral rolls in Arunachal Pradesh with reference to
01-01-2003 as the qualifying date in the above-mentioned Assembly Constituencies.
During the process of the said summary revision of electoral rolls, the concerned
Electoral Registration Officers of the above said assembly constituencies accepted
323, 1164 and 10 claims of the Chakmas for inclusion in the electoral rolls of 46-Chowkham
(ST), 49-Bordumsa Diyum and 50-Miao (ST) assembly constituencies respectively
after due process. The Electoral Registration Officer of 14-Doimukh (ST) Assembly
Constituency reported that he had rejected all the 426 applications for inclusion
of names received by him by post from the Chakmas on the ground that those applications
were received in bulk. Unfortunately, subsequently, the State Cabinet passed a
resolution dated 14-05-2003, which directed that non Arunachaleese shall not be
entitled to be enrolled in the electoral rolls in the State unless they
possessed Inner Line Permits under the Bengal East Area and Frontier
Regulation, 1873, having a minimum validity period of six months. Apparently
influenced by the above said resolution of the State cabinet, the concerned
Electoral Registration Officers rejected the said accepted claims. In view of
the above, the Commission vide its d.o.letter dated 10-09-2003 addressed to the
State Chief Minister brought it to his notice, inter-alia that the preparation
and revision of electoral rolls was a constitutional duty conferred on the Commission
by Article 324 (1) of the Constitution and the preparation and revision of electoral
rolls were governed by the provisions of the Constitution and the Acts and the rules
relating thereto and that the State cabinet resolution dated 14-05-2003 in so
far as it related to the preparation and revision of electoral rolls was not in
consonance with the provisions of the constitution and acts and rules governing
the matter. The Commission also instructed the Chief Electoral Officer,
Arunachal Pradesh to direct the electoral Registration Officers of the above
said three assembly constituencies to revive their earlier decisions to include
the names of Chakmas who were found to be eligible, in the relevant electoral
rolls. The State Chief Electoral Officer informed the Commission that the
Electoral registration Officers of the said three assembly constituencies did
not follow the Commission’s instructions asking them to revive their earlier
decisions to include the names of Chakmas found to be eligible, in the relevant
electoral roll. The Chief Electoral Officer also reported that the Electoral
Registration of 14-Doimukh (ST) Assembly Constituency had reported that he had
not received any applications for inclusion of names. But actually this report
was not correct as it was earlier reported that he had received 426
applications for inclusion and these were rejected by him on the ground that
these were received in bulk. In these compelling circumstances, the Commission,
by its order dated 02-01-2004 declared that it shall not conduct any elections
or carry out any election related work, including preparation and revision of
electoral rolls, in these four assembly constituencies unless the State Cabinet
withdrew or amended appropriately its resolution dated 14.05.2003 and created
conditions conducive for the preparation and revision of accurate and
defect-free electoral rolls as per the provisions of the Constitution and of
the Acts and Rules governing the matter in these four Assembly Constituencies.
In the context
of the forthcoming general election to the Lok Sabha, the Commission has
reviewed the entire matter and took note of the fact that suspension of election
related work as ordered by the Commission by its order dated 2nd January, 2004,
in the above mentioned four Assembly Constituencies which spread over both the Parliamentary
Constituencies in the State, would consequently deprive the entire electorate
of the State of the opportunity to elect their representatives to the House of the
People in the forthcoming general elections to the Lok Sabha along with other States.
Under Article
325 of the Constitution, it is laid down that no person shall be ineligible for
inclusion in or claim to be included in any electoral roll for any constituency
on grounds only of religion, race, castes, sex or any of them. It is evident
that the names of the aforesaid eligible Chakmas in the State of Arunachal
Pradesh have not been included in the electoral rolls mainly for the reason
that they belong to the Chakma tribe/race, which is violative of the
Constitutional mandate of Article 325.
Having regard
to the above facts and circumstances the Election Commission, in exercise of
its plenary powers conferred on it by Article 324 of the Constitution and in
supersession of its order No. 23/Arun-AL/2003 dated 2.1.2004, hereby orders and
directs that the names of 323, 1164 and 10 Chakmas of 46-Chowkham (ST),
49-Bordumsa Diyum and 50-Miao (ST) Assembly Constituencies respectively who
were found to be eligible for inclusion in the respective electoral rolls by the
concerned Electoral Registration Officers during the special summary revision
of electoral rolls w.r.t. 1.1.2003 as ualifying date, ordered by the Commission
vide its orders dated 31st March, 2003 and 24th April, 2003 and prior to the
resolution dated 14-05-2003 of the State cabinet, shall be deemed to have been
included in the electoral rolls of the respective Assembly Constituencies by
virtue of the provisions of Articles 325 and 326 of the Constitution and
Section 19 of the Representation of the People Act, 1950. A complete list of
the names of the said 1497 eligible electors is given in Annexure-I hereto. The
Electoral registration Officers of the above mentioned three Assembly
Constituencies shall forthwith publish the electoral rolls by including the names
of the aforesaid 1497 eligible electors in the relevant parts of the electoral
rolls of the respective Assembly Constituencies and they shall be eligible to
cast their votes under Section 62 of the Representation of the People Act, 1951
in the ensuing elections to the House of the People. The Electoral Registration
Officer for 14-Doimukh Assembly Constituency shall also publish the electoral
rolls as finalized by him, forthwith.
(N. GOPALASWAMI) (B.B. TANDON)
ELECTION COMMISSIONER ELECTION COMMISSIONER
(T.S. KRISHNAMURTHY)
CHIEF ELECTION
COMMISSIONER
Source: Election Commission of India. For PDF version visit:
http://eci.nic.in/eci_main/ElectoralLaws/OrdersNotifications/Order_ElectoralRolls_NE.pdf
http://eci.nic.in/eci_main/ElectoralLaws/OrdersNotifications/Order_ElectoralRolls_NE.pdf
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